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UNITED STATES v. JOE GRASSO & SON, INC.

No. 23654.

380 F.2d 749 (1967)

UNITED STATES of America, Appellant, v. JOE GRASSO & SON, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 5, 1967.

Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Richard M. Roberts, Richard C. Pugh, Acting Asst. Attys. Gen., Lee A. Jackson, Joseph Kovner, Jonathan S. Cohen, Attys., Dept. of Justice, Washington, D.C., Morton L. Susman, U.S. Atty., James R. Gough, Asst. U.S. Atty., Woodrow Seals, U.S. Atty., John H. Baumgarten, Asst. U.S. Attys., Houston, Tex., for appellant.

Joseph J. Lyman, Washington, D.C., Robert L. Hines, Kleinecke, Nussbaum, Hines & Malloy, Galveston, Tex., for appellees.

Before HUTCHESON, COLEMAN and GOLDBERG, Circuit Judges.

HUTCHESON, Circuit Judge:

This is an interlocutory appeal growing out of a suit brought for the refund of federal employment taxes.

Joe Grasso & Son, Inc. owns seven shrimp boats used for commercial shrimp fishing in the Gulf of Mexico. Each of the boats is operated by a captain and usually two crewmen. The employment taxes were assessed against Grasso on the ground that it was the employer of these fishermen from the first quarter of 1959 through September...

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